EBM Properties are proud to use The Deposit Protection Service. Please see below the information we send to our new tenants so they can be rest assured that their deposit is being held securely and in the event of any dispute, the DPS will provide a mediation service.
TENANCY DEPOSIT SCHEME
This information is for tenants who have paid deposits to the Landlord and the Landlord has passed on the deposit to the Tenancy Deposit Scheme.
| Name and Address: | The Scheme Administrator The Deposit Protection Service The Pavilions Bridgwater Road BRISTOL BS99 6AA Tel: 0844 4727000 |
How the Scheme Works
As a tenant of EBM Properties, you are required to give your landlord one month’s notice of the end of your tenancy. (Note: your obligations as a tenant are detailed on the reverse of your assured shorthold tenancy agreement). When you move out, the house should be left clean, tidy, undamaged and in good repair. Your rent account should be paid up to date. In these circumstances EBM Properties will agree that you should receive a full refund of your deposit. Both landlord and tenant will contact the Scheme Administrator who will pay out and you will receive your deposit plus any interest which is due. Your deposit will be returned directly to your bank account.
What Happens in case of a Dispute
However, if there is a dispute over the return of the deposit, then the following procedure may be used – landlords and tenants can take advantage of the Alternative Dispute Resolution (ADR) service attached to the scheme. This is provided by the Chartered Institute of Arbitrators. However, both parties must agree to use the service and be bound by its decision with no recourse to the courts. The use of the ADR service is not compulsory and if one or both parties do not agree to use the ADR service, a dispute can progress to court.
What Happens to the Deposit when there is a Dispute
If there is a dispute, the scheme will continue to hold the disputed amount until the ADR or court decides what is fair. The scheme administrator will then divide and return the disputed amount based on the ADR service’s or court’s decision.
What happens if the Landlord or Tenant cannot be contacted or is un-cooperative?
If one party cannot contact the other, a ‘single repayment request’ can be submitted. However, in the case of the tenant being uncontactable, the Landlord must include evidence why the repayment request is not a joint one.
If one party refuses to co-operate, either in agreeing the release of the deposit or agreeing to resolve any dispute, a single repayment can also be made.